These booking conditions set out the basis upon which the holiday reservations and other travel are accepted for clients (“you”) by “Cumbres travel S.L.” (“us”). Under the license number CICMA nº 2946, “Cumbres travel S.L.” who works under the commercial name “The Way Experiences” outside of Spain with C.I.F.: B40226805, domiciled in: Calle Erillas 27, Moralzarzal, 28411, Madrid, Spain; complies with legal, financial and insurance requirements under Spanish law and travel agencies regulations.
2. Deposit and balance of payment
2.1 A contract shall come into effect between you and us upon receipt by us of the relevant deposit or, in the case of a late booking, upon receipt of full payment of the holiday.
2.2 A deposit of 25% of the full cost of your holiday is payable upon your confirmation to proceed with the booking of your holiday and/or other travel requirements.
2.3 Bookings will be confirmed on receipt of the appropriate deposit or, if appropriate, full payment. Upon receipt of the appropriate payment we will send you written confirmation of your booking, detailing the total cost of your holiday, the amount paid and, where necessary, how much remains to be paid.
All prices we quote are inclusive of our handling fees and VAT and, where published, are correct at the time of publication.
4. If you cancel your booking
Any cancellation must be notified to us in writing and will only be effective upon receipt of such written notification.
Administration expenses: 60€ per booking.
Amounts that might be charged by third parties such as hotels (documented invoices would be provided)
Cancellation charge consisting of the administration charges plus: 5% of the total cost of the booking if the cancellation is between fifteen and ten days of the holiday start date. 15% of the total price between days nine and three and 25% of the total price in the last 48 hours before the start date. In the event of not appearing for the holiday, 100% of the cost of the holiday will be due.
Depending on the reasons of your cancellation, you may be able to reclaim these cancellation charges from your insurance company, if you have taken travel insurance.
5. If you alter your booking
If you wish to alter your booking (e.g. change the dates of your holiday), we will use all our reasonable efforts to comply with your request, however you will be obliged to pay for any additional expenses that are incurred as a result (e.g. cancellation fees payable to hotels and other suppliers). If you decide to change your holiday in any way once it has commenced (eg change accommodation or the duration of your stay) we accept no liability for any loss, damage, or additional expense and we cannot guarantee a refund of any costs already paid by you.
6. If we cancel your booking
In exceptional circumstances we may find it necessary to cancel your booking and if so, we shall make all reasonable efforts to offer a suitable alternative. If this is not acceptable we will refund your deposit, and any other sum you have paid to us which shall constitute full resettlement.
7. If we alter your booking
If it is necessary to alter the confirmed itinerary before departure, we shall use all reasonable efforts to notify you as soon as possible and make alternative arrangements. If this is not acceptable we will refund your deposit, and any other sum you have paid to us which shall constitute full resettlement.
8. Force Majeure
We regret that we cannot accept liability for any loss, damage or additional expense where the booking needs to be altered or cancelled or we are unable to perform our contractual obligations as a result of events of “force majeure”. In these booking conditions “force majeure” means any event which could not have been reasonably foreseen, or the consequences could not have been reasonably avoided, by us or the suppliers of the relevant services in question, even with the exercise of all due care. Such events may include, war or threat of war, civil strife, terrorist activity, industrial dispute, natural and man-made disaster, fire, adverse weather conditions and all similar events outside our or the relevant supplier’s control.
We use all reasonable efforts to try and ensure that the vacations offered by us are properly arranged and that the suppliers of the services in the holiday maintain reasonable standards. We accept responsibility to take reasonable care in the organizational aspects of the holiday but we are not liable and cannot be held responsible for actions of property owners, organizers of activities, providers of transport or any other suppliers involved in our holiday.
Considering the particular nature of our holidays, while taking part in activities, each participant must comply with the advice and instructions given. We cannot be held responsible for incidents, accidents or personal injury that could result from foolhardy personal initiatives or inadequate physical condition. We are specifically not liable for any events outside of our control or if there has been no default or neglect by us and in no event shall we be liable for any special, indirect or consequential loss, including loss of profit. This limitation does not apply to fatal or other personal injury resulting from our negligence or that of our employees. We strongly recommend that all clients obtain appropriate travel and personal insurance cover.
We do not expect and certainly do not want dissatisfied customers, but in the event that you are not entirely satisfied with the service offered, you should notify any complaint to our office as soon as possible. We shall use all reasonable efforts to rectify the complaint as quickly as possible. If the cause of your dissatisfaction cannot be resolved during the holiday period, you should contact us in writing within 14 days of returning from holiday and we will use all reasonable efforts to resolve the matter.
11. Law and jurisdiction
The present General Conditions are subject to the following Spanish legislation: Law 21/1995, of 6 of July, of Combined Holidays (B.O.E. 7-7-1995), Law 7/1998, of 13 of April, about General Conditions of Contracts (14-4-98) and Law 26/1984, of 19 of July, Consumer and User Right (B.O.E. 24-7-84) and other dispositions in place. These conditions and terms of contract and all matters arising therefrom are subject to Spanish Law and to the exclusive jurisdiction of the Spanish courts.